Title 3, Title 3 — Guardian And Ward
9 chapters · 188 sections in this title.
W.S. § 3-1-101 Definitions (a) As used in this title, unless otherwise required by the context or unless otherwise defined: (i) "Ancillary guardian" means a guardian appointed by a court of another state for a ward
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Definitions (a) As used in this title, unless otherwise required by the context or unless otherwise defined: (i) "Ancillary guardian" means a guardian appointed by a court of another state for a ward who is currently a resident of this state; (ii) "Clerk" means clerk of the distr…
W.S. § 3-1-102 Consent to jurisdiction
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Consent to jurisdiction. (a) Except as provided by subsection (b) of this section, by accepting appointment, a guardian or conservator submits personally to the jurisdiction of the court in any proceeding relating to the guardianship or conservatorship that may be instituted by a…
W.S. § 3-1-103 Venue
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Venue. (a) The venue for a guardianship proceeding is in the place where the minor, incompetent person or mental incompetent resides or is present. If a mentally incompetent person is admitted to an institution pursuant to order of a court of competent jurisdiction, venue is also…
W.S. § 3-1-104 Proceedings against persons suspected of concealing ward's property
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Proceedings against persons suspected of concealing ward's property. Upon complaint of a person interested in the estate of the ward, the court may cite any person suspected of concealing, embezzling, converting or conveying property belonging to the ward to appear before the cou…
W.S. § 3-1-105 Combining petition for guardian and conservator
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Combining petition for guardian and conservator. A petition for the appointment of a guardian and a conservator may be filed and the cause shall be tried as provided in W.S. 3-3-101 through 3-3-104 for the appointment of a conservator. The same person may be appointed to serve as…
W.S. § 3-1-106 Provisions applicable to all fiduciaries shall govern
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Provisions applicable to all fiduciaries shall govern. The provisions of W.S. 2-3-101 through 2-3-504 and 2-3-801 through 2-3-834 govern the appointment, qualification, substitution, removal, oath and bond of a guardian, limited guardian and conservator. A guardian or limited gua…
W.S. § 3-1-107 Combination of involuntary, voluntary and standby petitions and hearings
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Combination of involuntary, voluntary and standby petitions and hearings. If prior to the time of hearing on a petition for the appointment of a guardian under W.S. 3-2-101 or for the appointment of a conservator under W.S. 3-3-101, a petition is filed under the provisions of W.S…
W.S. § 3-1-108 Guardians ad litem not affected
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Guardians ad litem not affected. (a) The appointment of a guardian or conservator for a ward does not affect or impair the power of any court to appoint a guardian ad litem to represent the best interests of any minor, incompetent person or mentally incompetent person interested …
W.S. § 3-1-109 Limitation of action on bond
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Limitation of action on bond. An action shall not be brought against the sureties on any bond given by a guardian or conservator unless it is commenced within five (5) years from the discharge or removal of the guardian or conservator, but if, at the time of the discharge, the pe…
W.S. § 3-1-110 Order restricting disclosure
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Order restricting disclosure. (a) Upon application, the court may order sealed any portion of a ward's file containing those matters described in W.S. 16-4-203(b) and (d) and any personally identifiable information, including financial information relating to the ward. Sealed rec…
W.S. § 3-1-111 Complaint against guardian or conservator
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Complaint against guardian or conservator. (a) Any person having reason to believe that a guardian or conservator is not properly discharging his duties shall report the allegations and relevant supporting facts in a verified writing to the clerk of the district court that establ…
W.S. § 3-1-201 Effect of appointment of guardian or conservator
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Effect of appointment of guardian or conservator. The appointment of a guardian or conservator does not constitute an adjudication that the ward lacks testamentary capacity.
W.S. § 3-1-202 Powers of the ward
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Powers of the ward. (a) A ward who is a minor or a mentally incompetent person for whom a conservator has been appointed does not have the power to convey, encumber or dispose of property in any manner, except: (i) By will if he possesses the requisite testamentary capacity; or (…
W.S. § 3-1-203 Title to ward's property
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Title to ward's property. Title to all property of the ward remains in the ward and is subject to the possession of the conservator and to the control of the court for the purposes of administration, sale or other disposition as provided by law.
W.S. § 3-1-204 Conservator's right to possession
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Conservator's right to possession. (a) The conservator shall: (i) Take possession of all the real and personal property of the ward; (ii) Pay out of the ward's estate the taxes assessed against the ward's property; and (iii) Collect the income realized from the ward's property. (…
W.S. § 3-1-205 Rights of proposed ward
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Rights of proposed ward. (a) The proposed ward of any involuntary petition for guardianship or conservatorship shall have the right to: (i) Notice of the filing of the petition; (ii) An opportunity for a hearing; (iii) Be present at any hearing regarding the proposed guardianship…
W.S. § 3-1-206 Rights of ward
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Rights of ward. (a) The ward under any guardianship or conservatorship shall have the right to: (i) The least restrictive and most appropriate guardianship or conservatorship suitable to the ward's circumstances, subject to the order of preference provided by W.S. 3-2-107 and 3-3…
W.S. § 3-2-101 Petition for appointment of guardian
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Petition for appointment of guardian. (a) Any person may file with the clerk a petition for the appointment of a guardian. The petition shall state: (i) The name, age and address of the proposed ward; (ii) The status of the proposed ward as a minor, an incompetent person or a men…
W.S. § 3-2-102 Notice; when required; governed by rules of civil procedure
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Notice; when required; governed by rules of civil procedure. (a) Notice of filing of a petition for appointment of an involuntary guardianship shall be served on the proposed ward, his custodian and the proposed guardian. (b) Notice of filing of a petition for appointment of an i…
W.S. § 3-2-103 Pleadings and trial; rules of civil procedure
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Pleadings and trial; rules of civil procedure. After the petition is filed, all proceedings are governed by the Wyoming Rules of Civil Procedure and the Wyoming Rules of Evidence. The petitioner, the proposed ward or his custodian may demand a jury trial as provided by the Wyomin…
W.S. § 3-2-104 Appointment of guardian
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Appointment of guardian. (a) The court may appoint a guardian if the allegations of the petition as to the status of the proposed ward and the necessity for the appointment of a guardian are proved by a preponderance of the evidence. (b) The order appointing a guardian shall stat…
W.S. § 3-2-105 Appointment of guardian on voluntary petition
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Appointment of guardian on voluntary petition. (a) A guardian may be appointed by the court upon the petition of the proposed ward, including a minor who has reached the age of fourteen (14) years, if the court determines that the appointment is in the best interest of the petiti…
W.S. § 3-2-106 Appointment of a temporary or emergency guardian
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Appointment of a temporary or emergency guardian. (a) Upon the filing of a petition for a temporary guardian other than a petition for temporary guardianship for educational, medical care and dental care purposes pursuant to W.S. 3-2-301 through 3-2-303 and after a hearing the co…
W.S. § 3-2-107 Who may be appointed as guardian; preference for appointment of guardians
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Who may be appointed as guardian; preference for appointment of guardians. (a) The court may appoint any qualified person as guardian of an incompetent person or a minor. The court may not appoint a person to be a guardian of an incompetent person or a minor if the person propose…
W.S. § 3-2-108 Appointment of guardian on a standby basis
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Appointment of guardian on a standby basis. A petition for the appointment of a guardian of the petitioner on a standby basis may be filed by any person under the same procedure and requirements as provided in W.S. 3-3-301 through 3-3-306 for appointment of a standby conservator,…
W.S. § 3-2-109 Guardian's report
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Guardian's report. (a) The guardian shall present to the court and file in the guardianship proceedings a signed, written, report on the physical condition, including level of disability or functional incapacity, principal residence, treatment, care and activities of the ward, as…
W.S. § 3-2-110 Appointment of department of health or the department of family services as guardian
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Appointment of department of health or the department of family services as guardian. (a) The department of health or the department of family services may petition any district court in the state to be appointed guardian of a minor who is in its custody. (b) If a department in s…
W.S. § 3-2-111 Fees of the guardian
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Fees of the guardian. (a) The fees of the guardian shall be: (i) Reasonable and appropriate; (ii) Set and approved by the court. (b) The fees of the guardian shall not be approved by the court unless all reports required of the guardian are current.
W.S. § 3-2-112 Immunity of volunteer guardian
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Immunity of volunteer guardian. Any person who is appointed guardian of a ward pursuant to W.S. 3-2-104, who serves in that capacity without compensation other than reimbursement for out-of-pocket expenses associated with the appointment and who carries out the duties of guardian…
W.S. § 3-2-201 Powers and duties of guardian
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Powers and duties of guardian. (a) The guardian shall: (i) Determine and facilitate the least restrictive and most appropriate and available residence for the ward; (ii) Facilitate the ward's education, social and other activities; (iii) Subject to the restrictions of W.S. 3-2-20…
W.S. § 3-2-202 Powers of the guardian subject to approval of the court
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Powers of the guardian subject to approval of the court. (a) Upon order of the court, after notice and hearing and appointment of a guardian ad litem, the guardian may: (i) Commit the ward to a mental health hospital or other mental health facility; (ii) Consent to the following …
W.S. § 3-2-301 Definitions
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Definitions. (a) As used in this article: (i) "Caregiver" means a person, other than a natural parent or legal guardian, who is at least eighteen (18) years of age and is the primary physical custodian and a relative of a minor child; (ii) "Child" means a person under eighteen (1…
W.S. § 3-2-302 Appointment of temporary guardian for educational, medical care and dental care purposes
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Appointment of temporary guardian for educational, medical care and dental care purposes. (a) A caregiver of a child may petition for appointment as a temporary guardian of a child for educational, medical care and dental care purposes. The petition shall be verified by affidavit…
W.S. § 3-2-303 Notice to court
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Notice to court. If a child subject to an ex parte order appointing a temporary guardian of a child for educational, medical care and dental care purposes is no longer living in the primary physical custody of the caregiver, the caregiver shall within three (3) business days noti…
W.S. § 3-3-101 Petition for involuntary appointment of conservator
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Petition for involuntary appointment of conservator. (a) Any person may file with the clerk a petition for the involuntary appointment of a conservator. The petition appointment shall state: (i) The name, age and address of the proposed ward; (ii) The status of the proposed ward …
W.S. § 3-3-102 Notice; when required; governed by rules of civil procedure
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Notice; when required; governed by rules of civil procedure. (a) Notice of filing of a petition for appointment of an involuntary conservator shall be served on the proposed ward, his custodian, the proposed conservator and upon the proposed ward's parents, agent or fiduciary und…
W.S. § 3-3-103 Pleadings and trial; rules of civil procedure
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Pleadings and trial; rules of civil procedure. After the petition is filed, all proceedings are governed by the Wyoming Rules of Civil Procedure and the Wyoming Rules of Evidence. Petitioner, the proposed ward or his custodian may demand a jury trial as provided by the Wyoming Ru…
W.S. § 3-3-104 Appointment of conservator
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Appointment of conservator. (a) The court may appoint a conservator if the allegations of the petition as to the status of the proposed ward and the necessity for the appointment of a conservator are proved by a preponderance of the evidence. (b) The order appointing a conservato…
W.S. § 3-3-105 Preference for appointment of conservator of a minor
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Preference for appointment of conservator of a minor. (a) The appointment of a qualified and suitable conservator of a minor shall be made in the following order of preference: (i) The parent or parents of the minor; (ii) The person nominated as conservator in the will of the cus…
W.S. § 3-3-106 Appointment of conservator on voluntary petition
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Appointment of conservator on voluntary petition. (a) The court may appoint a conservator upon the petition by the proposed ward if: (i) The petitioner has reached the age of fourteen (14) years; and (ii) The court determines that the appointment of a conservator is in the best i…
W.S. § 3-3-107 Appointment of a temporary conservator
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Appointment of a temporary conservator. (a) Upon the filing of a petition for a temporary conservator and after a hearing the court may appoint a temporary conservator subject to any notice and conditions the court prescribes. (b) Every order appointing a temporary conservator sh…
W.S. § 3-3-108 Payment or delivery of property in lieu of conservatorship
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Payment or delivery of property in lieu of conservatorship. (a) Any person under a duty to pay or deliver money or personal property to a minor for whom no conservator has been appointed may pay not more than twenty-five thousand dollars ($25,000.00) per annum or may deliver prop…
W.S. § 3-3-201 Petition for appointment of conservator for absentee
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Petition for appointment of conservator for absentee. (a) Any person may file with the clerk a petition for the appointment of a conservator of the property of the absent owner when the following conditions exist: (i) A person owns property located in this state and his location …
W.S. § 3-3-202 Original notice governed by rules of civil procedure
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Original notice governed by rules of civil procedure. Notice of the filing of the petition and of the time and place set for the hearing on the petition shall be served upon the absentee by publication as provided by the Wyoming Rules of Civil Procedure.
W.S. § 3-3-203 Additional notice governed by rules of civil procedure
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Additional notice governed by rules of civil procedure. (a) Notice of the filing of the petition and of the time and place set for the hearing on the petition shall also be served as provided by the Wyoming Rules of Civil Procedure on: (i) The spouse and children of the absentee;…
W.S. § 3-3-204 Pleadings and trial; rules of civil procedure
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Pleadings and trial; rules of civil procedure. All proceedings for the appointment of a conservator for an absent person shall be governed by the Wyoming Rules of Civil Procedure and the Wyoming Rules of Evidence.
W.S. § 3-3-205 Appointment of conservator
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Appointment of conservator. If the allegations of the petition are proved by a preponderance of the evidence, the court may appoint a conservator.
W.S. § 3-3-206 Appointment of temporary conservator
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Appointment of temporary conservator. Upon the filing of a petition for a temporary conservator and after a hearing the court may appoint a temporary conservator subject to any notice and conditions the court prescribes.
W.S. § 3-3-301 Voluntary petition for appointment of conservator; standby basis
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Voluntary petition for appointment of conservator; standby basis. Any adult who is of sound mind may execute a petition for the voluntary appointment of a conservator of his property upon the express condition that the petition shall be acted upon by the court only upon the occur…
W.S. § 3-3-302 Petition may nominate conservator
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Petition may nominate conservator. The petition may nominate a person for appointment to serve as conservator, and may request that the appointment be made without bond, or with bond of a certain stated sum. When appointing the conservator the court shall give due regard to the n…